[Weekly Compilation of Presidential Documents Volume 33, Number 36 (Monday, September 8, 1997)]
[Pages 1281-1282]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Message to the Senate Transmitting the Inter-American Convention on
Mutual Assistance in Criminal Matters and Documentation
September 3, 1997
To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to
ratification, I transmit herewith the Inter-American Convention on
Mutual Assistance in Criminal Matters (``the Convention''), adopted at
the twenty-second regular session of the Organization of American States
(OAS) General Assembly meeting in Nassau, The Bahamas, on May 23, 1992,
and the Optional Protocol Related to the Inter-American Convention on
Mutual Assistance in Criminal Matters (``the Protocol''), adopted at the
twenty-third regular session of the OAS General Assembly meeting in
Managua, Nicaragua, on June 11, 1993. Both of these instruments were
signed on behalf of the United States at the OAS headquarters in
Washington on January 10, 1995. In addition, for the information of the
Senate, I transmit the report of the Department of State with respect to
the Convention and the Protocol.
When ratified, the Convention and the Protocol will constitute the
first multilateral convention between the United States and other
members of the OAS in the field of international judicial cooperation in
criminal matters. The provisions of the Convention and Protocol are
explained in the report of the Department of State that accompanies this
message.
The Convention and Protocol will establish a treaty-based system of
judicial assistance in criminal matters analogous to that which exists
bilaterally between the United States and a number of countries. These
instruments should prove to be effective tools to assist in the
prosecution of a wide variety of modern criminals, including members of
drug cartels, ``white-collar'' criminals, and terrorists. The Convention
and Protocol are self-executing, and will not require implementing
legislation.
The Convention provides for a broad range of cooperation in criminal
matters. Mutual assistance available under the Convention includes: (1)
taking testimony or statements of persons; (2) providing documents,
records, and articles of evidence; (3) serving documents; (4) locating
or identifying persons or items; (5) transferring persons in custody for
testimony or other purposes; (6) executing requests for searches and
seizures; (7) assisting in forfeiture proceedings; and (8) rendering any
other form of assistance not prohibited by the laws of the Requested
State.
The Protocol was negotiated and adopted at the insistence of the
United States Government, and will permit a greater measure of
cooperation in connection with tax offenses. I believe that the
Convention should not be ratified by the United States without the
Protocol. If the Convention and Protocol are ratified, the instruments
of ratification would be deposited simultaneously.
One significant advantage of this Convention and Protocol is that
they provide uniform procedures and rules for cooperation in criminal
matters by all the states that become Party. In addition, the Convention
and Protocol would obviate the expenditure of resources that would be
required for the United States to negotiate and bring into force
bilateral mutual assistance treaties with certain OAS member states.
I recommend that the Senate give early and favorable consideration
to the Convention and the Protocol, and that it gives its
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advice and consent to ratification, subject to the understandings
described in the accompanying report of the Department of State.
William J. Clinton
The White House,
September 3, 1997.
Note: This message was released by the Office of the Press Secretary on
September 4.